Burton v Secretary, Department of Family and Community Services [2019] NSWCA 21

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Burton v Secretary, Department of Family and Community Services [2019] NSWCA 21 Hearing dates: 20 February 2019 Decision date: 06 March 2019 Before: Gleeson JA; McCallum JA Decision: Extend the time for filing the summons seeking leave to appeal to 13 September 2018; dismiss the summons seeking leave to appeal with costs Catchwords: CIVIL PROCEDURE – Court of Appeal – application for leave to appeal – interlocutory orders restraining and prohibiting the publication of information that identifies a child involved in care proceedings in the Children's Court and persons and information associated with that case – public interest in open justice Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 43(1), 45, 105 Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 14(1) Supreme Court Act 1970 (NSW), ss 101(2)(e) Uniform Civil Procedure Rules 2005 (NSW), rr 7.1, 51.10(1)(b) Cases Cited: Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim [2012] NSWCCA 125 House v The King (1936) 55 CLR 499; [1936] HCA 40 Re J (A Child) [2013] EWHC 2694 Secretary, Department of Family and Community Services v Burton [2018] NSWSC 371 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Category: Procedural and other rulings Parties: Paul Robert Burton (applicant) Department of Family and Community Services (defendant) Representation: Counsel: Applicant self-represented